But the whole point of the article is that there are other cases when you need IRB approval besides this one. That's one of the myths he's busting.
> The government can’t possibly claim to regulate what me and my roommates eat at home! That would be stupid!” Yes, it would be stupid. But who says the world makes sense? Now, would you actually be prosecuted for violating those rules?
Author says "those rules" without actually citing anything.
There is no scenario in which the Secretary of HHS can create rules which would do what the author was suggesting. It is not even something Congress could do, which is why they haven't created a statute which goes beyond their authority in requiring these boards for anything other than research receiving federal funding. If the Secretary were to create such a rule, it would obviously exceed his authority.
The author actually go into how universities make their own rule that potentially affects teachers and students doing research with their own time and resources.